Monday, February 6, 2017

Relationship obliges the Government to deliver the plan for the recapitalisation of CGD, 2012 – the Public.en

It was the second decision on the CGD in the space of fifteen days, and this time reaches the Ministry of Finance. The Lisbon Court of appeal decided that the office of Mário Centeno must make known to the Assembly of the Republic of the recapitalisation plan 2012 of the public bank, as had been requested by the commission, and all audits of the internal commission, that all the stakeholders have refused to deliver contain information under professional secrecy.

In the judgment, to which the PUBLIC had access, you can read-if, again, the Court understands that they are in conflict "the two public interests", but that, in the matters in question, the Ministry of Finance must deliver the documents you requested, because the rights of the commission of inquiry overlap to professional secrecy.

"Confronting the interest of investigation of the parliamentary commission of inquiry that need to access the elements of information covered by professional secrecy, we are faced with the conflict of two interests of public order, it is certain that, in the interest of great relevance to the activity of the parliamentary commission of inquiry, in determining the truth, it is justified-if that prevails, the duty of cooperation of the Ministry of Finance, as to the matters referred to, to the detriment of the professional secrecy to which it is bound, and the same raised, as to the essential to this objective."

The commission of inquiry asked the recapitalisation plan of 2012, but this had still not arrived by the full Parliament. PS, PCP and BE have stated that this recapitalization made by the previous Government, was “insufficient”. The knowledge of this plan, it is important for the two sides, left and right. On the one hand, the left argues that the recapitalization did not solve the problems, and the PSD and the CDS that was the recapitalisation decided by the regulators for the situation that the CGD crossed.

In the play policies in the commission, the PSD, in response, insisted on asking the current recapitalisation plan. However, this requirement was voted on last week by the three parties on the left because they consider that is outside the scope of the commission of inquiry.

The Ministry of Finance shall also deliver a copy of the quarterly reports of the audit committee of the CGD (4.First quarter 2012 up to 3.First quarter of 2016, the reports of the Inspectorate-General of Finance for the same period.

In the same line of the previous decision, the Relationship considers that the correspondence between the Ministry and the european institutions should not be delivered.

Relationship is going to evaluate claims about the General Box of Deposits

in A response sent to the PUBLIC this afternoon, the Lisbon Court of appeal reveals that the complaints and appeals that will come will be evaluated by the collegium of judges. The PUBLIC questioned that the court on the claims or resources that Caixa Geral de Depósitos (CGD), the Banco de Portugal (BdP) and the Market Commission (CMVM) filed to avoid having to deliver all documents requested by the commission of inquiry on the management of the Box.

In the same response, the Relationship says that he has received a request for "annulment" of the decision. “One of the entities required to invoke the nullity of this decision, which will be known by the collective who made this decision,” responds the Relationship. And he adds that “any request that may be made by the receiving agencies will be enjoyed by this collective”, implying the answer which have not yet reached the complaints of the two regulators.

The Relationship decided last month that the three entities had to deliver to the Assembly of the Republic all of the documentation requested by the members, including the lists with the largest credit or the list of the largest credits with impairment. The CGD refused to deliver this information mainly because they may contain sensitive information about clients. The three entities end up to plead the professional secrecy to not make known the information you requested.

Faced with the decision of the Relationship, CGD informed the Parliament that he would appeal the decision, and the governor of the Bank of Portugal and the president of the CMVM have even have a meeting with the president of the commission of inquiry to Box informing you that they had claimed, the that is different to appeal the decision.

The two regulators ask to be heard in the process, remembering that it is the first time that a court decides on the lifting part of the duty of professional secrecy, in this case, the banking secrecy.

This process is impair the life, already troubled, to the commission of inquiry. Last week, the deputies had two tense meetings about the continuity of the work with the three parties on the left holding the hearings requested by PSD and CDS, and among them that of Armando Vara, which had been included in the list of hearings by the BE and the PCP, and had to request to be heard.

coordinators Meeting

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This Tuesday, meet the coordinators of each parliamentary group to decide whether to analyze or not the documentation sent to CPI by António Domingues, ex-president of CGD. The deputies had requested the Domingues e-mail exchanged between the administrator and the Ministry of Finance that had to do with the conditions that you were given to accept the position, and in the first phase, Domingues refused to deliver the documentation. After the CPI warn that would be to incur the crime of disobedience, he brought in last week to Parliament not only the e-mail requests such as more documentation – that the Ministry of Finance is said to be “non-existent”. However, the president of the commission, José Matos Correia, took "doubts" about the admissibility of these documents and, at the request of the parties, not the came the distribute, and all of you for a while in secret.

Louis Villalobos

News changed at 17h29: specifies that the recapitalisation plan in question is the 2012


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